Paul

BACKGROUND

Parminder and Kirsten are divorced and have been unable to agree on the custody

of their minor daughter, Jasmine. Respondent Superior Court of San Diego County (the

family court) held an evidentiary hearing and, on August 19, 2015, granted Kirsten's

request that she be permitted to move Jasmine to Michigan. Kirsten's counsel agreed to

prepare the formal order granting the move-away request. The unsigned minutes of the

hearing state that "[t]he move away is granted" and, inaccurately, that Parminder would

prepare the formal order.

Kirsten's counsel drafted a proposed order stating Jasmine was to be returned to

Kirsten in Michigan on September 18, 2015, and sent it to Parminder's counsel for

review. Parminder's counsel objected to the proposed order on the basis that the return

date conflicted with the 30-day stay of move-away orders provided by Code of Civil

Procedure section 917.7, which, counsel contended, would not begin to run until the

formal order was filed. Kirsten then filed an ex parte application with the family court on

September 16, seeking clarification of the move-away order, specifically as to when the

30-day stay…